Hastings Business Law Journal Volume 7 Article 4 Number 2 Summer 2011 Summer 1-1-2011 Towards a Stakeholder-Shareholder Theory of Corporate Governance: A Comparative Analysis Katharine V. Jackson Follow this and additional works at: https://repository.uchastings.edu/ hastings_business_law_journal Part of the Business Organizations Law Commons Recommended Citation Katharine V. Jackson, Towards a Stakeholder-Shareholder Theory of Corporate Governance: A Comparative Analysis, 7 Hastings Bus. L.J. 309 (2011). Available at: https://repository.uchastings.edu/hastings_business_law_journal/vol7/iss2/4 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Business Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. TOWARDS A STAKEHOLDER- SHAREHOLDER THEORY OF CORPORATE GOVERNANCE: A COMPARATIVE ANALYSIS Katharine V. Jackson* Most of the groups and individuals affected by the behavior of American public corporations do not have a voice in their governance. Just as governments retreat from regulating these entities, whether by political choice or as a result of globalization and regulatory arbitrage,1 stakeholders' 2 ability to shape corporate behavior themselves remains weak. Government empowers only one corporate stakeholder group- employees-to bargain with corporations for terms in their own interest. 1. See Eugene D. Genovese, Secularism in the General Crisis of Capitalism, 42 AM. J. JURIS. 195, 202 (1997) (multinational corporations are coming to control the "world economy, over which.,.. centralized national governments have less and less control."); Larry CatA Backer, Multinational Corporations, TransnationalLaw: The United Nations ' Norms on the Responsibilities of Transnational Corporations as a Harbinger of Corporate Social Responsibility in International Law, 37 CoLUM.